Item #03 Approval of Resolution Relating to the Acquisition by Eminent Domain of Property ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: December 19, 2017
Item #
Reviewed By:
Contact Name: Mary Solik, Esq. Department Director:
Contact Number: 407.367.7868 City Manager:
Subject: Approval of Resolution Relating to the Acquisition by Eminent D main of Property
Background Summary:
The City needs to acquire certain property for the City of Ocoee City Hall Complex Project.
Issue:
The City may need to exercise its power of eminent domain in the event a negotiated acquisition is
unsuccessful.
Recommendations
Approve attached Resolution authorizing eminent domain.
Attachments:
Memorandum and Resolution.
Financial Impact:
Unknown at this time.
Type of Item: (please mark with an x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
x Resolution Regular Agenda
Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
TY
LIK
LA
Mary Doty Solik, Esq. 407-367-7868
121 S. Orange Ave.,Ste. 1500 msolik@dotysoliklaw.com
Orlando, FL 32801
MEMORANDUM
TO: The Honorable Mayor and City Commissioners
of the City of Ocoee
FROM: Mary Doty Solik,Special Counsel
DATE: December 6,2017
RE: City of Ocoee City Hall Complex Project
Based on the current project design the City needs to acquire the following property:
Parcel No. Property Owner Property Interest Location of Property Appraised
Needed Value
101 Margaret Colella Fee Simple Title 16 E. McKey Street $92,000
Property Valuation and Consulting, Inc. appraised this property at the value set forth in the chart above.
We have sent an offer to purchase this property at a price of$101,200, 10% above its appraised value.
Discussions have been ongoing but no negotiated agreement has been reached.
Attached is a proposed Resolution which authorizes the filing of a condemnation action and to proceed
to acquire the necessary property by a quick taking proceeding. A quick take proceeding allows the City
to acquire title to the needed property by demonstrating to the Court's satisfaction a public need and
necessity for the property and the deposit of the City's good faith estimate of value in the Court's
Registry. This evidence is presented at an Order of Taking hearing, generally held sixty to ninety days
after the suit is filed. Once the City deposits its good faith estimate of value, title to the property
transfers to the City.The property owner, however, is entitled to a jury trial on the ultimate valuation of
the property at some time in the future. This procedure allows public bodies to obtain title quickly so
that public projects are not delayed but imposes the risk on the public body of what the ultimate
valuation of the acquired property is determined to be.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners:
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1. Approve the attached Resolution, authorizing execution thereof by the Mayor and City Clerk,
and further authorizing all necessary actions in order to proceed to acquire the property by
quick take proceeding.
MDS/kh
attachments
cc: Robert Frank
Craig Shadrix
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RESOLUTION NO. 2017-
RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE
ACQUISITION BY EMINENT DOMAIN OF PROPERTY, INCLUDING BUT
NOT LIMITED TO FEE TITLE, LOCATED AT MCKEY STREET;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to serve the City facilities'
needs for the City of Ocoee; and
WHEREAS, the City Commission of the City of Ocoee has the authority to adopt this
Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166,
Florida Statutes; and
WHEREAS, the City Commission of the City of Ocoee finds a public need and necessity
exists to acquire, by eminent domain, fee simple title to the land described in Exhibit "A"
attached hereto and incorporated herein by reference; and
WHEREAS, the City Commission of the City of Ocoee finds a public need and necessity
exists to acquire the land described in Exhibit "A" hereto for the relocation of City Hall as part
of the City of Ocoee City Hall Complex Project (the "Project"); and
WHEREAS, the City Commission of the City of Ocoee finds that the acquisition of said
land is necessary for the relocation of City Hall, and that the acquisition of said land therein
otherwise to be in the public interest of the municipality and the people thereof; and
WHEREAS, the interest to be acquired, are more particularly described in Exhibit "A"
hereto; and
WHEREAS, the City Commission of the City of Ocoee has caused the property described
in Exhibit "A" hereto to be surveyed and has located its line or area of construction and intends
in good faith to construct the Project on or over the described property in accordance with
Section 73.021 (6), Florida Statutes; and
WHEREAS, the City Commission of the City of Ocoee finds it necessary for the relocation
of City Hall that the City acquire a fee simple interest in the property identified and described in
the attached Exhibit "A", said acquisition being for the relocation of City Hall; and
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WHEREAS, all conditions precedent to the exercise of the power of eminent domain
have been satisfied by the City of Ocoee; and
WHEREAS, if any section, subsection, sentence, clause, phrase or portion of this
Resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereto; and
WHEREAS, this Resolution shall become effective immediately upon passage and
adoption.
THEREFORE, BE IT REOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE,
FLORIDA,AS FOLLOWS:
Section 1. That the acquisition, by eminent domain, of the interest indicated in the
following parcel for the purposes set forth above has been found to be, and is found and
determined to be, necessary, in the best interest of the public, and for a public use and
purpose, the legal descriptions of said parcel being more particularly described in Exhibit "A"
attached hereto and by this reference made a part hereof:
PARCEL NO. 101
OWNER: Margaret Colella
INTEREST: Fee Simple
Section 2. That the appropriate officers, employees and attorneys for the City of
Ocoee are authorized to proceed forthwith to institute such necessary and proper actions and
proceedings and to comply with all legal requirements as may be necessary or proper for the
acquisition by eminent domain of the fee simple absolute title in the property described in
attached Exhibit "A", the specific interest to be acquired therein being further set forth above
and in the attached Exhibit "A".
Section 3. That if any section, subsection, sentence, clause, phrase or portion of this
Resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion and such holding shall not affect the validity of the remaining portion
hereto.
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Section 4. That this Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of 2017.
ADOPTED:
ATTEST: CITY OF OCOEE, FLORIDA
By: By:
Name: Name:
Title: City Clerk Title:
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
THIS DAY OF 2017.
APPROVAL BY THE OCOEE CITY COMMISSION
By: ATA MEETING HELD ON , 2017
Name: Scott Cookson UNDER AGENDA ITEM NO.
Title: City Attorney
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EXHIBIT"A"
PARCEL NO. 101
OWNER: Margaret Colella
INTEREST: Fee Simple
PARCEL 101
LEGAL DESCRIPTION
Lot 8, Block "D", MARION PARK, according to the Plat thereof, as recorded in Plat Book "L",
page 48 of the Public Records of Orange County, Florida.
Property Address: 16 E. McKey Street
Ocoee, FL 34761
OTHER INTERESTS: Orange County Tax Collector
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